VidhiSangh

Supreme Court of India · 01/11/2018

SANJAY JAIN versus NATIONAL AVIATION CO. OF INDIA LTD.

[2018] 13 S.C.R. 740 · 2018 INSC 1032

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Summary

The Supreme Court held that the Air India employee’s resignation became effective after the prescribed thirty-day notice without acceptance under the applicable certified standing orders. His service bond had expired and no disciplinary action was pending or contemplated when he resigned. The High Court judgment and refusal to accept resignation were quashed. Available benefits were directed to be paid within three months, with prevailing provident-fund interest and 6% interest on payable gratuity or other benefits.

Issues

  1. Whether the applicable standing orders required acceptance after a full thirty-day resignation notice.
  2. Whether any disciplinary or bond restriction prevented cessation of employment.
  3. What payment directions followed the effective resignation.

Provisions considered

Held

Result

Both appeals allowed. High Court judgment and refusal to accept resignation quashed; available outstanding benefits to be paid within three months, with the specified provident-fund interest and 6% annual interest on payable gratuity or other benefits.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 740.